The Republican ; and Savannah evening ledger. (Savannah, Ga.) 1807-1816, September 03, 1807, Image 3

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TRIAL OF COLONEL BURR. FEDERAL COURT. Richmond, Tuesday, August 18, 1307. Colonel Edward Carrington, foreman of the jury,presented a written statemen (from them; in wnich they mentioned certain points relative to their own accommodation. They wished to be permitted to occupy, in the evening, two rooms in the capitol, to go together to the Swan Tavern to dine, attended by an officer of the court, to receive letters, and transact indispen sable business The court decided, that they might enjoy the indulgences they requested; (it bein 0 understood, that if they received any letters containing matters relative to the trial, they were to communica e them to the court;) and moreover authorised them to walk out to gether in separate parties, provided an officer should be with them. After general Eaton was examined, commo dore Truxton was sworn, and delivered his testi mony with that evident candor, impartiality and accuracy which were to have been expected from his excellent character. Peter Taylor, (Blannediassett’s gardener - ) was next exami; ed, and gave a minute and cir cumstantial narrative of transactions tending to shew a connection between colonel Bur and Blannerhassett,’ to explain the designs of them both; and to prove the assemblage of men on Blannerhassett’s Island. On mature consideration, we have thought it best not to publish the substance of-the testi mony of these witnesses, and of others intro duced in the course of this trial, until the deci sion shall have taken place. We conceive it would not be improper to communicate to the public the indentical word of the witnesses, if ■ they could be inserted in the Argus, spas to enable us to keep pace with the proceedings ; but as this is impossible, we must abstain alto gether from inserting the evidence ; since, in so important and difficult a case as that of Aaron ! Burr, concerning which, so much party spirit j is felt, we might be accused of stating the nub- 1 stance of the evidence incorrectly, and would be liable to the most injurious imputations, if any inaccuracy should accidentally occur in our statements. In consequence of a proposal made by the foreman of the jury on their behalf, it was de termined that the session of the court should be hereafter, from 9 o’clock in the morning to 4 in the afternoon. j Wednesday, August 19, f General John Morgan of the county of Wash ington, in the state of Pennsylvania-—his vener able father, colonel George Morgan, and Air. Thomas Morgan his brother, were examined for the purpose of proving circumstances rela tive to the treasonable intentions of which Aaron Burr is accused. The manner in which the testimony of these three respectable gentle men was delivered, was highly honorable to themselves, and satisfactory to. the court and .jury. The next witness introduced, was-Jacob Ali bright, whose place of residence is in the state of Ohio, about o;.e mile from Blaniierhassett’s. His evidence was long, and detailed a Variety of circumstances concerning the assemblage of men on the island, and their departure down the river. On the same subject Wiliam Love (who had acted as a servant of Blannerhassetts) was also examined. He was followed by Mr. Dudley Woodbt'idge, who had been Blanner hassett's partner in trade, and had kept a store on their joint account at Marietta. His testi- l mony related partly to the same point, and was ‘ also intended to shew the connection between Burr and Blannerhasset, the purchase of boats lor the expedition, and some other circum stances. The court adjourned at four o’clock P. M. Thursday, August 20. J Simeon Poole, Mam ice B. Belknap, and Edmund B. Dana, all of whom reside in the state of Ohio, in the neighborhood of Blanner hassett’s island, were examined as to the assem blage of men at th t place. From all the evidence hitherto introduced, it having appeared that colonel Burr was not on the island at the time when the overt act of treason was charged to have been there com mitted ; and it being acknowledged on the part of the United States that he was not pre sent : colonel Burr and his counsel objected to the admissibility of any farther evidence ; on the ground that the proof of any connec tion between him and the men assembled on the island, or of his having contrived, or procu red them to assemble, would not be sufficient, (even on a supposition that they were guilty of treason) to convict him of an overt act of trea son in levying war against the United States. This objection gave rise to a most important debate, on the event of which the ultimate fate of the trial in a great degree depends. It was opened by Mr. Wickham, in a learn ed, ingenious and elaborate speech, which las ted fully five hours, and consumed the rest of the time allowed to the session of the court. Friday, August 21. •Mr. Wickham continued his argument, (which was not finished yesterday) and con cluded about 12 o’clock ; the session of the court having commenced at ten. The points of law contended for by him, ii the course of his long and interesting discourse were, generally, that treason in levying vvai ■against the United States cannot be committer without the employment of actual force ; that under the definition of treason in the constitu tion of the United States, accessories (wb would be so denominated in cases of. felony are not to be considered as principals io case of treason ; that no peison can be charge with treason in levying war against tire Uniter. States, upon thi ground of Viis counselling or procuring the overt act of treason, or being ac cessory thereto, either before, or after the fact ; and that a person accused of accessorial or de rivative treason cannot be tried and convicted without producing a record of the conviction of the principal agent in the overt act. He also entered into an examination of the evidence, so far as it had been introduced , and endeavored to shew that no act of levying war against the United States was pro,ed to have been committed'at Blannet liasSet’s island. The counsel for the United States objected to his arguing on this part of the enquiry, since the jury alone, and not the court, were to judge of the weight of the evidence ; but the court declared that, whether the argument was cor rect or incorrect, they were compelled by their duty to hear it. After Mr. Wickham had finished, two wit nesses were introduced on the part of the Uni ted States, (Israel Miller and Purley Howe) for the purpose of completing the evidence ic la’ive to *hc assemblage of men on Bianner hasset’s island. Mr. Randolph then continued the debate on the part of colonel Burr, until nearly three o’clock. Mr. Hay then moved the court to allow the counsel for the United States time until Mon day next, to enable them to make the necessa ry preparations to answer the great variety of arguments which had been adduced. On tlfis motion a desultory conversation took place, in wh'ch a number of cut ious and some ludicrous remarks were made. The court at length decided in favor of the motion. The argument, therefore, will be resumed on Monday. The court is to sit again on this day (Saturday) at twelve o’clock, for the purpose of arraigning Mr. Blannerhasset. BURR’S TRIAL. Extract of a letter from Richmond, August 21, received at Petersburg /;, Virginia. ” This inttrefting trial is (till progressing. The in- I trodudfion cf witnefies has been suspended to dil'cufs j the following propositions, introduced by the counsel i for the prisoner Firft—lt being admitted that the accused was not T kesent at the comnriflion ot the overt-adl of treason. can testimony be adduced to prove a connection be tween the prisoner aid Bhnnerhaffett ? And, second—l he overt-ad not being proved, docs no* the prosecution fail ? On tliefe proportions the court have been occupied fu’-ce yesterday, and in all probability the queftion* will not be decided unti. the last cf the ensuing week. Mr. Wickham commenced the difcuiiion at eleven o’clock; and at four, when the court adjourned,he had not gone throug more than two-thirds of his arguments. He resumed the fuhjcd this morning, at ten, and concluded a meft elaborate and ingenious lpeech at one. Mr. Ran dolph, on the fame fide, followed Mr. W. and when the mail ciofed, w:i3 ftiii occupied on these propositions; as on their ifliie depends, in a great measure, the fate j of the prisoner. More legal knowledge, moreingenn- j ity, and more subtlety, were, perhaps, never before wit- -I neffed in any court. The jnufty records ot three cen- I furies were unfolded, and these almoft-forgotten audio- j rides were introduced to decide the fate of Aaron Burr. .’ It is understood, that Mr Hay will, on Monday, fol j low Mefirs. Wickham and Randolph—who will be tol- f lowed by other counsel for the prisoner—and thus con- ‘ tinue, until the whole arcana of law shall be explored I in the difeuffion of thele important points It is understood, that B'annerhaflett wil be brought into court to-morrow,, to be arraigned at the bar ior ! high ttealon. From the course pursued by Mr. Wick ! ham, it is the opinion of many, that Bhinm-rhafiett, if j the counsel for the prisoner fliould be driven to the last j extremity, wil bt iacrificed to save the neck of the real I traitor. Throughout his arguments, he repielented j Blar.nerhaflett as tne paiNcmiL; and as the law will j admit of no acct-ffory in treaion. Burr not being present at th. commifiion of the overt adt, they contend that he cannot he guilty. Common leule revolts at this ‘ nronftrous absurdity.” FREDERICKSBURG, (Vir.) Aug. 14. The excessive rains oi’ Tuesday night and Wednesday last, produced a greater fresh ia the Rappahannock than has been known for inoieihun2o years; and we fear the destruc tion occasioned tnereby, in the upper country, is great indeed. In this town and neighbor hood, several individuals have been severe sufferers, particularly Mr. Robert Dunbar, in the loss of his valuable bridge at Falmouth, the wood-work of which was entirely swept away by the destructive torrent; together with the almost entire demolition of the extensive canal which conveyed the water to the null of Messrs. Cooch and Hollingsworth also greatly injured, and the wood-work at the head des troyed. The house on Johnson and Young’s wharf, occupied by Mr. Donaldson, and ano ther occupied by Mr. M‘Williamx have been carried off. A small vessel, loaded with oys ter-shells, broke her fasts and was dashed to pieces against Glaffel’s wharf—several other - small vessels parted their cables and have gone down with the current. The meadows of Messrs. Williams, Minor, Mortimer, Lewis, &c. were entirely overflowed, and great osses sustained in hay, corn. See. The water continued to rise at ten o’clock last night. Two northern mails and one sou thern are now due. Portland, (Maine) August 10. Lieut. Laurence, of the navy, who is now stationed here to superintend the departure of ‘he gun-boats, who was ordered in the first in* stance to enlist his men for two months, has, he last week, received new orders to enlist ffient for two years. Savannah, 7 f THURSDAY EVENING, SEPTEMBER 8. Commodore Preble (says a Port label paper oi An ust 10) remains extremely low. He sat ofl on haturday in a hired Boston packet to take a sti etch out to sea, from which lie expects to derive benefit. He will be absent five or six weeks, has good attendants, and hopes are en tertained ot him. Mr. Peter I.indcr, a pilot, fell overboard from the schooner 1 luce Friends, last night, be tween f out-Mile-Point and Cocksp*ir, and was unfortunately drowned. The body had not been found at 11 o’clock this morning, AMERICAN AFFAIRS. Copy.— Case, Wi'h the oj.iuion of Sir John Mch oil, ( the kings advocate) thereon. An American vessel having brought a cargo from the United States, discharges at Cher bourg, and not finding a desirable return cargo tlieie for America, the captain is desirous of proceeding in ballast to Nuntz—there to take a cargo ior Lisbon or some neutral port, or else he m ends to go to Holland for a cargo of gin to take to America. Your opinion is request ed. Ist. Whether the vessel in question would be liable to detention while proceeding from Cheibourgh to A antz, or to Holland, by British cruisers, under the order of Council of the 7th oi January. 1807, which is known at the time of her sailing thence in ballast ? Answer. —l am of opinion that the vessel in question proceeding in ballast either to Nantz or Holland, is not violating his majesty’s order of 7th January last. 2d. Would an American vessel, touching at a port in France, where a suitable market is not found, and afterwards going to Holland, (without having broken bulk in France,) be lia ble to detention under the said orderof council ? Answer. —l think she would not, if the facts should be perfectly clear. J. Nicholl. Doctor's Commons, February 27, 1807. Messrs. F.veritt & Evans, The following is the Ticket proposed to he supported by the Republican paity at the ap proaching election, wii 1 therefore thank you to give it a place, and oblige MANY. ALDERMEN. Charles Harris ’Thomas Robertson John //. Morel William Drown T. U. /’. Charlton Harman At-Lean Job T. Holies John Y. While Thomas Doiirkc did ward Harden Alton Timber ion Asa lloxey Bul haoar Shaffer Thomas Rice. MESSRS. PRINTERS, 1 have lately heard loud and earnest enqui ries by the republican citizens of the sea-board of Georgia, to this effect— * Do you know what is become of our governor ? Is he gone to see the President of the United States? Is he sick and cannot write ? Has he no secretary ? Does he not wish to receive the effusions and heart felt affection and patriotism of his republican fellow-citizens ? Arc their various communica tions, conveyed to their chief inagist rate, of so lit tle consequence, in his opinion, as not to need ac knowledging the receipt of very many of them ? We know not what to think of all this appear ance of neglect ? We did not expect it from the man of our choice, who we know to be an honest republican.” This, and such like, Messrs. Printers, is the general conversation among us folks of the eastern counties; and I do assure you I feel, in common with my fellow-citizens, that we are neglected, well knowing that his excellency h is received several very important communica tions from the lower counties, which he has treated with silent contempt. A Southern Republican. At. Mary's, August 23. LOOK OUT SHARP. (communicated.) Whereas some disorderly and ill-disposed persons, enemies to the peace of the commu nity, have of late been committing sundry out rages on the property and tranquility of the ci tizens, viz. breaking the measures at the mar ket, knocking violently at, and, in some in stances, forcing the doors of peaceable and de fenceless persons, tearing away the seats in front of the houses, demolishing signs, and such like nefarious and cowardly acts—This is to give them notice, that a number of citizens are on the alert for the purpose of assisting the city-watch in detecting and bringing the pci* petrators of such acts to ju-tice. Should they continue their nocturnal depreciations much longer, and be successful in eluding the vigi lance of the civil authority, they may, possibly, be honored with a visit from the Lynch-Club. Savannah , Sefit. 1, A CITIZEN. TO CORRESPONDENTS. We have to observe, in reply to several elec tioneering communications that have been for warded us, that we will not he instrumental in advancing the merits of any one candidate at the cxpence of another conceived equally worthy Had the attack on Mr. M-Conky, to which A Fre.e Voter alludes, been made through die medium of our paper, we should not hesitate to give him a place. As it was not, we would recommend his obtaining redress through the same channel whence the charges flowed. Fricf.s Current Savanna ft. Brandy 4th proof, Cogniuc - - - 100 to 106 Cotton, Sea-Island 36t0 37 1-J2 - -- - - 13 to 19 Corn 871-2 to 100 Coffee, 28 to 30 Bon, - S5 50t06 Flour g 8 Balt, - . 50to 56 Sugar, Brown, g 9 50 to 10 Inferior, 8 to 9 Loaf, 22 to 23 Tobacco g 6 to 6 50 Rum, Jam. 95 t 093 Ditto N.E. 48 to so Rice g 3 25 to 3 SO {fj° We are requested to stat , that C F. TRIF.BNFR is a candidate for CI.ER K of the MAYOR’S COURT. If his fellow citizens think hnn worthy of tnnr lufTragei, he hopes he is not tot late. Should he bt elected, his endeavors to lifcharge the duties of that office, he trulls will meet-their tvar melt approbation Sept. 8. 9j (UP The ship Charleston has com* menced loading for LIVERPOOL, and will he dis patched >n fit ecn days. For freight of znic biles of cotton, apply to J. 8c W. Magee. September t 9J . L - - j Regimental Orders. Brigadier General Floyd h iving ordered an infpre tion of his Brigade on the sth September, by regi ments or battalions, in order to “ afeertain correctly thi fitu.itmu ot the aims, ammunition and accoutrements ol the reipidive regiments, battalions and vn uutecr Corps ” Ihe firft regiment is ordered to meet by bat talions,and corps of aitillery and dragoons, at the kx chdnge on Saturday the sth September next, precisely at half after four o’clock P. M. as completely armed and accoutred, and with bill cartridges, as it is pof fihle or them to be, without bon owing arms, Sec. the object being to afeertain piecifely the date of. their equipments. Captains M all and Shcllman will have their returns i eady to be handed in on the ground j captains or commandants of companies will be provid ed w ith exadt rollsof their commands, whether present or ablent. Jy order of Lieutenant Colonel Johns Ton. P. N. iSrinsnuiclc, Savannah,Sift August, 1807. Adjutant. ATTENTION. MEMBERS cf the firft RIFLE COMPANY of the firft brigade, are ri quelled to attend at Thunder bolt, on Sat Urdu t the 19111 inllant, at 30’cb.ck, for the purpose of electing officers. Gentlemen who are disposed to join said company will attend and give in their names. September 3. 95 attention” CONFORMABLE to orders of major CummtnO under dau- of the 3iftof August, the found Company of he fi ft bait, lion are ordered to mutter at their ului l'parade ground, on Saturday next, at 4 o’r'oclc P. M preciffe y No borrow ed arms will be admit te.d, that the actual state of our iiieana of defcnca may be Correctl v afe named Dy order oj Cufitai/i Pemberton. Thomas Flint, o. s. September 3. Just Received, And for sale by the Subscriber , to pipes Cogmac BRANDY 11 lids N. K RUM Mufcovado SUGAR in barrels, and a. quantity of TOW CLOTH, suitable for Gotten ftiects, and picking bags. . S. William;;, September 3....M...96 MorcAt Wharf. Sheriff’s Sale. On the first TUESDAY in October next, Will be fold at the Court-House in the city of Savanc nah, between the hours of fO and 3 o’clock, Two LOIS, at Spring-Hill, Savannah, Nos. Dat'd 20, with ail the Buildings and Improvements thereon, adjoining the Diftillcry—fold under the fdieclulUru of a mortgage!, as the property of John t. lliirtridgc, aa the suit ol Win. Malcolm. T. Robertson, 5. c. c. September 3. 93 Piiiiudciplna and Nc.w-York BOOTS* JUST RECEIVED, BY TAYLOR V SCRITUYLR, On the Bay, nearly opposite the Fxchange. ON HAND, An extensive assortment of Shoes, Os a'moft every defeription, which are offered at rc and ced prices, v/holclale or retail. September 3. 95 Grand Lodge of Georgia. Swank Ah, August 20, 1807. „ A Grand Quarterly Coni* V nunicatiotl of the GRAND JVJ ODGK, will he held at the *l/71 “ * ULATUfcK, on the FIRST* 3P SATURDAY in .September ... nclt, at in o'cioek A. M. At which time and place the vkv v Officers and Representative* ■mdtfZkr m, -—.a. -m of the different Lodges under its juiiiuictioti wni attend. By order of the R. W. Graral Mailer, D. D. Williams* 01 Grand Secretary.